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This entry was published on 2014-09-22
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SECTION 1024
Emergency removal without court order
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 2
§ 1024. Emergency removal without court order. (a) A peace officer,
acting pursuant to his or her special duties, police officer, or a law
enforcement official, or a designated employee of a city or county
department of social services shall take all necessary measures to
protect a child's life or health including, when appropriate, taking or
keeping a child in protective custody, and any physician shall notify
the local department of social services or appropriate police
authorities to take custody of any child such physician is treating,
without an order under section one thousand twenty-two of this article
and without the consent of the parent or other person legally
responsible for the child's care, regardless of whether the parent or
other person legally responsible for the child's care is absent, if (i)
such person has reasonable cause to believe that the child is in such
circumstance or condition that his or her continuing in said place of
residence or in the care and custody of the parent or person legally
responsible for the child's care presents an imminent danger to the
child's life or health; and

(ii) there is not time enough to apply for an order under section one
thousand twenty-two of this article.

(b) If a person authorized by this section removes or keeps custody of
a child, he shall (i) bring the child immediately to a place approved
for such purpose by the local social services department, unless the
person is a physician treating the child and the child is or will be
presently admitted to a hospital, and

(ii) make every reasonable effort to inform the parent or other person
legally responsible for the child's care of the facility to which he has
brought the child, and

(iii) give, coincident with removal, written notice to the parent or
other person legally responsible for the child's care of the right to
apply to the family court for the return of the child pursuant to
section one thousand twenty-eight of this act, and of the right to be
represented by counsel in proceedings brought pursuant to this article
and procedures for obtaining counsel, if indigent. Such notice shall
also include the name, title, organization, address and telephone number
of the person removing the child, the name, address, and telephone
number of the authorized agency to which the child will be taken, if
available, the telephone number of the person to be contacted for visits
with the child, and the information required by section one thousand
twenty-three of this act. Such notice shall be personally served upon
the parent or other person at the residence of the child provided, that
if such person is not present at the child's residence at the time of
removal, a copy of the notice shall be affixed to the door of such
residence and a copy shall be mailed to such person at his or her last
known place of residence within twenty-four hours after the removal of
the child. If the place of removal is not the child's residence, a copy
of the notice shall be personally served upon the parent or person
legally responsible for the child's care forthwith, or affixed to the
door of the child's residence and mailed to the parent or other person
legally responsible for the child's care at his or her last known place
of residence within twenty-four hours after the removal. An affidavit of
such service shall be filed with the clerk of the court within
twenty-four hours of serving such notice exclusive of weekends and
holidays pursuant to the provisions of this section. The form of the
notice shall be prescribed by the chief administrator of the courts.
Failure to file an affidavit of service as required by this subdivision
shall not constitute grounds for return of the child.

(iv) inform the court and make a report pursuant to title six of the
social services law, as soon as possible.

(c) Any person or institution acting in good faith in the removal or
keeping of a child pursuant to this section shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed as a result of such removal or keeping.

(d) Where the physician keeping a child in his custody pending action
by the local department of social services or appropriate police
authorities does so in his capacity as a member of the staff of a
hospital or similar institution, he shall notify the person in charge of
the institution, or his designated agent, who shall then become
responsible for the further care of such child.

(e) Any physician keeping a child in his custody pursuant to this
section shall have the right to keep such child in his custody until
such time as the custody of the child has been transferred to the
appropriate police authorities or the social services official of the
city or county in which the physician maintains his place of business.
If the social services official receives custody of a child pursuant to
the provisions of this section, he shall promptly inform the parent or
other person responsible for such child's care and the family court of
his action.